Celesq® Programs

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Witness Credibility in the Age of Trump: Does Lying Matter?
The art of witness impeachment is time-tested trial tool to determine witness credibility in criminal and civil cases. In criminal cases, the government frequently utilizes the testimony of cooperating witnesses to secure convictions. In doing so, those witnesses acknowledge their past misdeeds, including instances of dishonesty and untruthfulness. While historically, prosecutors sought to brush aside those acts of dishonesty by emphasizing that those acts occurred before the witness entered into the cooperation agreement, in today’s environment, in which citizens are confronted with whether their politicians or media outlets are telling the truth, juries may be looking at a witness’s history of truth telling with very close scrutiny in making credibility determinations. This CLE will examine tactics

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Trials are often won or lost based on the jurors selected. Tom Jackson and Mike Ginsberg continue their trial skills series, this time focusing on the steps to successful jury selection. The program, which will help you select the right jurors, covers use of themes and analogies to weed out jurors with an unconscious bias against your client or your themes.

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Andie Kramer, partner at McDermott Will & Emery, and Alton B. Harris, partner at Nixon Peabody LLP, discuss the nature and extent of the achievement disparity between female and male lawyers, and why and how gender stereotypes and the biases that flow from them cause this disparity by preventing women from advancing in their legal careers as far and as fast as men. They then provide women with specific insights and communication techniques they can use to avoid or overcome these often subtle and unconscious gender biases. The program includes a discussion of the relevance of ABA’s Model Rule 8.4(g) and ABA Resolution 302.

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Join our presenters for this important program for attorneys with clients whose businesses use blockchain technology. Topics include a brief overview of blockchain; recent developments in the law, including enforcement actions by federal and state regulators; private litigation; new legislation pertaining to blockchain businesses; and ethical issues for lawyers to consider, including ABA Model Rules 1.1, 1.2, 1.16 and 2.1.

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Tom Jackson and Mike Ginsberg continue their series on various trial and litigation-related topics by focusing on cross examination skills in questioning witnesses at trials or hearings. The program addresses issues such as the lawyer’s demeanor, the language and word choices used, the tone of voice, the phrasing of questions, and the way to measure the importance of questions asked of witnesses.

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Edward D. Brown, Esq., LL.M., CPA and Jacqueline Z. Fox, Esq., LL.M. discuss latest legal and regulatory developments that have impacted the entire asset protection landscape. Topics include:
• impact of changing trends, case law and banking procedures, which portend the future treatment of asset protection trusts by the U.S. court system;
• 2018 changes in tax laws;
• tax and filing requirements; and
• selected recommendations and cautions, e.g., who should serve as protectors of an asset planning trust; where assets should be held and under whose control; what benefits and controls should a person retain with respect to trust assets; reasons why a U.S. trustee should be a part of an offshore trust; what income tax-related provisions should be in the trust instrument in light of

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Recent research confirms the high incidence of mental health, stress and substance abuse issues in the legal profession, and the culture of the profession is often identified as a culprit. As a response, the National Task Force on Lawyer Well-Being released The Path to Lawyer Well-Being: Practical Recommendations for Positive Change. According to the Task Force, “We are at a crossroads. To maintain public confidence in the profession, to meet the need for innovation in how we deliver legal services, to increase access to justice, and to reduce the level of toxicity that has allowed mental health and substance use disorders to fester among our colleagues, we have to act now.”
Every lawyer is at risk for mental health and substance abuse issues and every lawyer can help

Nick Akerman, a nationally recognized expert on computer crime and the protection of competitively sensitive information and computer data, covers latest trends and developments for all attorneys on cybersecurity. Topics include:
• The trend from reactive regulation to data compliance
• Requirements of an effective data compliance program
• Critical business functions to review to enhance cyber security
• Regulatory change management—new developments with the SEC, FINRA and the New York State Financial Services law
• Using criminal federal statutes—the Computer Fraud and Abuse Act and the Economic Espionage Act—to protect company data

In this program, of particular interest to in-house lawyers and litigators at public companies, our presenters address the Supreme Court’s recent decision in the Digital Realty Trust case favoring a narrow definition of “whistleblower” under the SEC’s Dodd-Frank Whistleblower Program. Topics include practical tips in conducting internal investigations and reviewing company policies and procedures in response to the Supreme Court’s decision.

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In the Supreme Court’s 2017-2018 term, the intellectual property docket provided important precedent in areas as diverse as the constitutionality of post grant review proceedings (Oil States), the appropriate venue for patent infringement litigation (TC Heartland), and the exhaustion of patent rights (Impression Products). During this time, the Federal Circuit issued key decisions in Brunetti (registration of immoral or scandalous marks), Aqua Products (claim amendments in PRs) and Cray (venue). Join Anthony Lo Cicero of Amster, Rothstein & Ebenstein as he discusses the impacts of these cases.